Read the full judgment text of CACV 000251/2004 on BabelCite. This Court of Appeal judgment was delivered on 22 July 2005.
1. This is an appeal from a judgment of Barma J given on 2 August 2004. The matter before the judge was the trial of an action for infringement of trade mark. The judge dismissed the plaintiff’s claim because he gave judgment in favour of the defendant on its counterclaim for rectification of the Register of Trade Marks by expunging from the plaintiff’s trade mark “Kelly”, No. 07485 of 1997, on which suit had been brought. At the conclusion of the hearing of this appeal, judgment was reserved